D.C. Circuit invalidates NLRB posting requirement

The D.C. Circuit struck another blow to the National Labor Relations Board (NLRB) on Tuesday, when it found that the board could not require businesses to post notices informing employees of their right to unionize.

The court wrote that the right to freedom of speech "necessarily protects ... the right of employers (and unions) not to speak." As long as the business isn’t threatening employees, federal law prohibits the NLRB from disciplining it for any speech or lack thereof, the court unanimously ruled. This means that businesses will not have to post the notices that the NLRB mandated in 2011.